This document was last updated: June 1, 2024
The following Terms of Service (“Terms”) are between you, or the company you represent, as a user (“User,” “You,” and/or “Your”) and Clutter Control, LLC (“Clutter Control,” “us,” “we,” and/or “our”) and govern your access to and use of our websites, which include but are not limited to, clutter-control-ok.com, our “Platform(s)”).
By using the Platform or our Services (defined below), you are agreeing to be legally bound by these Terms. In addition, certain other aspects of the Platform and our Services are subject to additional terms and conditions, such as our Privacy Policy. These other policies are incorporated by reference into these Terms and by using the Platform or otherwise engaging our Services, you are agreeing to be bound by these Terms and such other policies as they are applicable.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS OUR PLATFORM OR SERVICES.YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORMS OR SERVICES, AND ESPECIALLY BEFORE YOU PLACE AN ORDER WITH US FOR SERVICES.THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, WHICH MAY AFFECT YOUR RIGHTS.
1. Clutter Control’s Services
We are a technology, marketing, and communications company that matches individuals seeking haul-away, product assembly and disassembly, and related services with independent third-party service providers (“Third-Party Provider(s)”) capable of performing such work for you (collectively, our “Services”).
We are not a waste collection service and do not provide waste collection services and you acknowledge that we are not subject to the same laws and regulations applicable to waste collection service providers and, as such, you may not be entitled to the same consumer protections afforded to consumers dealing with waste collection service providers.
2. Your Acknowledgments
By using a Platform to order Services, you acknowledge and agree that you are requesting that we provide you with referral and booking services only and that we should request and schedule the same with Third-Party Providers on your behalf.
You further acknowledge and agree that when we arrange for a Third-Party Provider to perform haul-away, product assembly or disassembly, or related services, we are acting in our capacity as a broker or booking agent. Except as otherwise provided for in these Terms, we have no responsibility for any of the Services.
You further acknowledge that you are obtaining all haul-away, product assembly and disassembly, and related services from Third-Party Providers at your own risk and will resolve any and all claims directly with your Third-Party Provider pursuant to the relevant provisions of these Terms.
3. Your Representations
By using our Platform and/or placing an order for Services, you expressly warrant and represent that you:
We grant to you a limited, non-transferable, non-exclusive license to use the Platforms and Services solely for the uses permitted by these Terms.
5. Restrictions on Use
Restrictions on Use. You may only access the Platforms through the interfaces that we provide for that purpose. You may not:
We are the owner or authorized licensee of all the intellectual property rights associated with the Platforms and Services, including without limitation all copyrights, trademarks, patents, and trade secrets. You do not obtain any interest in any of the intellectual property associated with the Platforms or Services by using the Platforms or Services and we reserve all rights not expressly granted herein.
7. Placing Orders
While we are constantly updating service offerings on our Platforms, there may be occasional delays in updating information on our Platforms and our advertising on other websites. As such, our Platforms may contain errors or inaccuracies and may not be complete or current. Services may be priced or described inaccurately, or even unavailable, on our Platforms and we do not guarantee the accuracy or completeness of any information found on our Platforms. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
9. Pricing
Pricing through our Platforms is for the Services made available to you.
You acknowledge and understand that pricing is subject to change with or without prior notice before you place an order. Except for situations involving inaccurate information (e.g., incorrect item types, counts, location, stairs, etc.), we will not change pricing on an order already placed.
If additional Services are needed, requested, or provided, additional charges will be applied to your credit card on file at our current prices, as listed on our Platforms.
10. Credit/Debit Card Authorization
You authorize us to charge the credit or debit card that you provide when you place an order.
Since we accept payment prior to the performance of Services and due to a certain level of uncertainty regarding applicable fees and charges, you agree and hereby give us your authorization to retain your credit/debit card information for up to one hundred twenty (120) days beyond the day Services are provided and to charge your credit/debit card for any fees or charges that may apply which are covered in these Terms.
By placing an order and providing your payment information, including without limitation your credit or debit card information, you warrant and represent that:
You may reschedule your Services through our platform on the “Manage my Order” page accessible through your order confirmation email or by submitting a request at clutter-control-ok.com at any time before your scheduled performance window. You may reschedule your order at any time without penalty or fees. However, rescheduling your order may result in an increased cancellation fee should you then decide to cancel your order as described further below.
You may cancel an order through our Platform by submitting a request at clutter-control-ok.com, by phone, or by emailing us, but a cancellation fee may apply.
Cancellations made prior to the day of Service: If you cancel your order prior to the day of Service, a 20% cancellation fee will be deducted from your payment(s).
Cancellations made on or after the day of Service: If you cancel your order on or after the day of Service, a 50% cancellation fee will be deducted from your payment(s).
Cancellations made after rescheduling: If you cancel your order after previously rescheduling your order, a 50% cancellation fee will be deducted from your payment(s).
You may also be charged an Attempt Fee if your presence is required for the performance of the Services and you are not present at the place the Services are to be performed during the scheduled service window.
Other fees and surcharges may apply to your order, including without limitation state or local fees or processing charges and/or applicable taxes or other costs where required by law.
Following the completion of the Service, you may elect to tip your Third-Party Provider in cash or through our Platform, which are entirely retained by your Third-Party Provider less applicable processing fees.
You are entitled to a refund for any changes to the scope of your order, provided that (a) you notify us of the change prior to your Service being completed; and (b) the change does not result in a full cancellation of your Service. In such cases, the refund amount will be calculated based on the difference between the original service price and the revised service price.
Unforeseen circumstances and unique situations can arise that do not fit into the categories above. If you believe you have a valid reason for a refund not addressed above, please notify our customer service team by contacting [email protected]. For issues concerning the performance of your services,
you must notify us in writing within twenty-four (24) hours after the service started, providing detailed information about why you believe the service was deficient and include the nature of the issue, the date of the service, and any other relevant details to enable us to assess your request.
Upon our receipt of a timely notification regarding incomplete and/or deficient Service, we will assess the claim and determine, in our sole discretion, whether a refund is warranted.
If you fail to notify us within this 24-hour window (which begins when your Service started), you waive your right to any refund(s). Please note that the refund provisions above only apply to changes to prepaid Services and/or incomplete performance of the requested prepaid Services by your Third-Party Provider. All other issues in connection with prepaid Services that you may have shall be addressed pursuant to the provisions of Section 19, below (“Making A Claim”). All issues related to our “Connect” Service are governed by Section 33, below.
Refunds, less any applicable fees and charges, will be processed to the original payment method within 5-7 business days of the transaction or request.
12. Service Windows
While we make every possible effort to coordinate the timely and reliable provision of Services, we cannot and do not guarantee service windows or dates.
Inclement weather, traffic delays, motor vehicle accidents, facility delays, equipment failure, and other delaying events happen occasionally, and we are not responsible for these delays.
13. Accessibility and Disassembly
Do not place an order with us for Services if your item(s) require extensive disassembly and/or are not safely removable without the destruction of the item and/or alternation of the building and/or property that your item(s) is/are located in.
By placing an order, you are representing to us that all items are accessible and removable from your location.
14. Refusal of Service
Notwithstanding anything to the contrary in these Terms, we reserve the right to refuse or cancel an order for Services at any time and for any reason. Without limiting our ability to cancel an order for any reason, we have refused or cancelled Services in the past due to the following circumstances:
We encourage Third Party Providers to recycle or donate items in the most environmentally friendly manner possible, but we cannot and do not guarantee that items will be recycled or donated for reasons such as lack of appropriate nearby facilities; refusal of items; poor condition, contamination, or infestation of items; or other reasons beyond the reasonable control of your Third-Party Provider.
16. Reward Points (Business Users Only)
We have applications that allow our business customers to earn points that can be used for discounts on subsequent transactions (“Reward Points”). If you place a qualifying booking, you will gain Reward Points associated with the net transaction value of your order.
Reward Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. Reward Points can only be used as a rebate on the initial transaction of completed orders booked through our Platforms and have no other use or value.
There is no automatic redemption of Reward Points, and no interest is accrued on Reward Points.
You shall not have any property rights or other legal interest in Reward Points for any purpose. All Reward Points remain our sole property until redeemed in accordance with Terms and applicable terms of the specific ordered Services.
Your Reward Points balance or any part thereof is not transferable, cannot be divided as part of a settlement, legal proceeding, or absolving of business, and cannot be combined with Reward Points of any other User.
You may not broker, barter, attach, pledge, gift, sell, or otherwise transfer Reward Points. We reserve the right, in our sole and absolute discretion, to change, modify, or discontinue the Reward Points program with or without notice at any time.
17. Accounts
You may be required to register and maintain an active account to use certain aspects of our Platforms.
Account registration may require you to submit certain personal information, such as your name, address, email address, phone number, and payment information. You agree that your account information shall be true, correct, and accurate at all times.
Inaccurate, incomplete, or obsolete information, including without limitation invalid or expired payment information, may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account login credentials and your account itself, including without limitation restricting access to your computer and/or account.
You agree to accept any and all responsibility associated with all activities or actions that occur in connection with your account.
You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use a username that is vulgar, obscene, or offensive. Nor may you use a username that is the name of another person or entity or that is otherwise not lawfully available for use, including without limitation another person’s name or trademark without authorization.
We reserve the right to refuse service, terminate your account, remove or edit content. If you wish to terminate your account, you may simply discontinue use of our Platforms.
18. Links
Our Platforms may contain links to third party websites or services that we do not own or control.
We do not have any control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third-party websites or services.
You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services.
We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
19. Making A Claim
You agree to indemnify and hold Clutter Control, its officers, members, employees, agents, contractors, affiliates, successors and assigns harmless from and against any and all claims, demand, lawsuits, or similar actions (including litigation costs, attorneys’ fees, and any other similar or related expense) made by any third party against Clutter Control due to or stemming from your use of the Platforms, the Services, any action in nonconformity with these Terms, and/or any action in violation of applicable laws or regulations.
We may, but are not obligated to, assumed exclusive control, at your expense, of any matter which requires indemnification.
You agree to fully cooperate with Clutter Control in the event we elect to take control of such control of such action and agree not to settle or otherwise resolve any such matter without our express written consent.
21. Release
Subject to the applicable provisions of these Terms, you hereby release and discharge Clutter Control, its officers, members, employees, agents, contractors, affiliates, successors and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with the Platforms or the Services.
22. Disclaimers
Clutter Control respects the intellectual property rights of others. If you believe that anything on the Platforms unlawfully infringes upon your intellectual property rights, please notify us at:
Intellectual Property Agent
Clutter Control
6608 N Western Ave #1284, Oklahoma City OK 73116
(405) 766-8605
Notices provided pursuant to this Section must include the following information:
Pursuant to 17 U.S.C. § 512(f), if the notice relates to alleged copyright infringement, any misrepresentation of material fact in a written notice subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by Clutter Control in connection with your notice and allegation of copyright infringement.
25. Modification
We may occasionally revise these Terms. In the event we make substantial changes to these Terms, we may notify you via email of such changes and/or by prominently posting notices of such revisions on the Platforms. Revisions to these Terms are effective upon their publication and your continued use of the Platforms and/or the Services is indicative of your acceptance of such revised Terms.
26. Dispute Resolution IN THE EVENT THAT ANY DISPUTE ARISES OUT OF, OR RELATED TO, THESE TERMS, THE PLATFORMS, AND/OR THE SERVICES, YOU AND WE AGREE TO ATTEMPT TO RESOLVE THE DISPUTE BY FIRST NEGOTIATING DIRECTLY IN GOOD FAITH. IF YOU AND WE ARE UNABLE TO RESOLVE THE DISPUTE THROUGH GOOD FAITH NEGOTIATION, YOU AND WE AGREE TO THEN SUBMIT THE DISPUTE TO BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. NOTWITHSTANDING THE FOREGOING, YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
27. Class Action Waiver EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT NEITHER OF YOU OR US WILL ASSERT CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, WHICH ACTIONS ARE HEREBY WAIVED. EACH OF YOU AND US SHALL ONLY SUBMIT YOUR OR OUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION (OR SMALL CLAIMS COURT, IF APPLICABLE) PURSUANT TO THESE TERMS AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLAIM BROUGHT BY ANY OTHER PERSON OR ENTITY.
28. Jury Trial Waiver IF, FOR ANY REASON, A DISPUTE PROCEEDS IN A COURT RATHER THAN IN ARBITRATION, YOU AND WE AGREE THAT WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
29. Governing Law
These Terms, the Services, and/or any disputes shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Georgia, without regard to principles of conflict of laws.
30. Severability
If any portion of these Terms are found to be unenforceable, such determination shall have no effect on the remainder of the Terms, which shall continue in full force and effect.
31. Electronic Communications; Phone Calls
You agree and permit us, our affiliates, and Third-Party Providers to contact you at the phone number(s) or email address(es) you provide by electronic and telephonic means, including without limitation email, text, and calls, which may be initiated by an automatic telephone dialing system or other automated means. Standard message and data rates may apply.
We may record any such communications for quality control purposes.
You may opt-out of receiving communications by emailing your request to us at [email protected] but your opting-out may negatively impact your ability to receive Services.
You agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in a hardcopy writing.
32. Headings
Headings contained in these Terms are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of these Terms and do not affect its provisions in any way.
33. Terms and Conditions for Clutter Control’s “Connect” Service
By placing an order through Clutter Control’s Pay After Service option, referred to as Clutter Control’s “Connect” service, you, the customer, agree to and accept the following additional terms and conditions. Please read them carefully.
Service Description:
Clutter Control’s “Connect” service is designed to connect consumers with qualified Third Party Providers, hereafter referred to as “Loaders”, in their respective localities. The objective of this service is to facilitate and simplify the process of finding qualified service providers for specific jobs or services.
Payment Deference:
If you, the customer, choose to defer your payment to the Loader after the service has been provided, you explicitly understand and agree that Clutter Control will not be held responsible for any disputes, issues, or claims that may arise from this transaction.
Pricing Estimations:
The prices provided on the Clutter Control website for services via the “Connect” product are estimates only. Clutter Control cannot and does not guarantee final pricing for any services obtained through our “Connect” product. The actual price for the services will be mutually agreed upon between you, the customer, and the Loader. It is your responsibility to discuss, confirm, and agree on the final pricing before the service is provided.
Payment Responsibility:
As a user of the “Connect” service, you acknowledge that you are solely responsible for making direct payment to the Loader as per the terms agreed upon with the service provider. Clutter Control is not involved in or responsible for this transaction.
Sharing of Contact Information:
By placing an order or requesting a service via the Clutter Control website using the “Connect” service, you understand and agree that your contact information, including but not limited to your name, address, phone number, and email, may be shared directly with the chosen service provider. This is to facilitate the arrangement and provision of the requested service.
Service Provider Performance:
Clutter Control is not responsible for any Loader’s failure to perform the service in full or in part. Any issues, damages, or discrepancies in service must be addressed directly with the Loader.
Damage Claims:
Any damage claims that arise from a transaction with a Loader facilitated by the “Connect” service shall be dealt with exclusively between you and the Loader. Clutter Control is not responsible for mediating, resolving, or reimbursing any such claims.
Forfeiture of Insurance:
By using the “Connect” service, you understand and acknowledge that you are foregoing all insurance coverage provided by Clutter Control. Any and all insurance or coverage claims shall be made directly with the Loader, if applicable.
Liability:
By utilizing Clutter Control’s “Connect” service, you agree to hold Clutter Control harmless from any and all claims, disputes, liabilities, damages, or expenses that may arise from interactions, transactions, or agreements between you and the Loader.
Dispute Resolution:
In case of any disputes between you and the Loader, you agree to first attempt to resolve the matter amicably with the Loader directly. Clutter Control is not responsible for mediating or resolving disputes between customers and Loaders.
Amendments:
Clutter Control reserves the right to amend, modify, or change these terms and conditions at any time. Continued use of the “Connect” service after any such changes signifies your acceptance of the updated terms.
By using the “Connect” service, you confirm that you have read, understood, and agreed to these terms and conditions in their entirety.
34. Contact
If you have any questions regarding these Terms or would like to contact us for any other reason, please contact us at:
Clutter Control
clutter-control-ok.com
6608 N Western Ave #1284, Oklahoma City OK 73116
(405) 766-8605
This document was last updated on June 1, 2024
Copy Right 2024